DIRECTOR GENERAL (HEADQUARTERS) CIVIL WORKS ORGANIZATION, RAWALPINDI vs MUHAMMAD AFSAR art — 2021 CLC 909 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 909 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: DIRECTOR GENERAL (HEADQUARTERS) CIVIL WORKS ORGANIZATION, RAWALPINDI vs MUHAMMAD AFSAR art
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

DIRECTOR GENERAL (HEADQUARTERS) CIVIL WORKS ORGANIZATION, RAWALPINDI VS MUHAMMAD AFSAR art.181---Execution of decree---Limitation---Objection petition---Merger, doctrine of---Objection of the appellant/judgment-debtor was that execution petitions filed by respondents/decree-holders were time-barred as the same were filed after five years of passing of decision of present case by the Trial Court---Held, that the present case was finally decided by the High Court on merits (in the year 2014) after providing the parties an opportunity of hearing, whereafter decree-holders filed execution petitions next year---all execution petitions were, admittedly, filed by the decree-holders within three years under art. 181 of the Limitation act, 1908 ---Judgment/decree/order, which had been accepted or modified or reversed or affirmed by the higher forum on merits both on points of facts and the law involved therein, attained the status of final decree and the same was to be executed---Doctrine of merger fully applied to the reversal and modification and also to all to those cases in which the judgment of lower forum had been affirmed in appeal or revision by a higher forum---Execution petitions filed by the decree-holders were within time as the same were filed within a period of three years from the date of final judgment passed by the High Court---No illegality or infirmity was found in the orders and judgments passed by the Executing Court dismissing the objection petitions of the appellant/judgment debtor---Execution first appeals were dismissed, in circumstances.

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